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Abandonment in Oregon

2018-11-15T18:46:47Z

Melisathompson:

==Overview==

:Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

[https://www.oregonlegislature.gov/bills_laws/ors/ors037.html ORS 37.280]

[https://www.oregonlegislature.gov/bills_laws/ors/ors041.html ORS 41.580(1)(e)]

[https://www.oregonlegislature.gov/bills_laws/ors/ors114.html ORS 114.305]

[https://www.oregonlegislature.gov/bills_laws/ors/ors125.html ORS 125.445(8)]

[https://www.oregonlegislature.gov/bills_laws/ors/ors209.html ORS 209.300]

[https://www.oregonlegislature.gov/bills_laws/ors/ors366.html ORS 366.300]

==Topics==

===Abandoned Easement===
:Easements are perpetual, but cease to exist when abandoned. Because an easement is an interest in land, the statute of frauds requires that the abandonment be in writing to be enforceable. [https://www.oregonlegislature.gov/bills_laws/ors/ors041.html ORS 41.580(1)(e)]

===Abandoned Property in a Conservatorship===
:A conservator may abandon an estate asset without prior court approval if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed. [https://www.oregonlegislature.gov/bills_laws/ors/ors125.html ORS 125.445(8)]

===Abandoned Property in a Probate===
:Subject to statutory restrictions or as otherwise provided by the will of the decedent, a personal representative, acting reasonably for the benefit of interested persons, is authorized to abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate. [https://www.oregonlegislature.gov/bills_laws/ors/ors114.html ORS 114.305]

===Abandoned Property in a Receivership===
:After giving notice, a receiver may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. [https://www.oregonlegislature.gov/bills_laws/ors/ors037.html ORS 37.280]

===Abandoned Railroad Lines===
:When a railroad gives notice of its intention to abandon a railroad line, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. If the county surveyor requested a copy of the right of way plats for the line to be abandoned, you should be able to find them in the county surveyor’s office. The plats should show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [https://www.oregonlegislature.gov/bills_laws/ors/ors209.html ORS 209.300]

===Abandoned State Highway===
:Whenever the Department of Transportation relocates or realigns a state highway and determines that the old right of way is no longer needed for any other public road use, if such eliminated sections are not owned by the Department in fee, the Department will abandon such sections, which shall revert to and title shall vest in the abutting owner or owners. [https://www.oregonlegislature.gov/bills_laws/ors/ors366.html ORS 366.300]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==
:[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Construction Liens in Washington

2018-10-24T21:20:38Z

Melisathompson:

==Overview==

Construction liens in Washington are also referred to as "Mechanics'" and "Materialmen's" liens throughout the Washington Revised Statutes.

==Sources==
[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04 Wash. Rev. Code §§ 60.04.011 ''et seq.'']

==Authorized Claimants==
For the purposes of construction of any improvement upon real property at the instance of the property owner or construction agent of the owner, the following people may file a construction lien:
* Any person performing labor related to the construction;
* Any person providing supplies or materials to be used in the construction;
* Any person renting, leasing, or otherwise supplying of equipment for the construction; or
* Any person surveying, establishing or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property.

[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.011 RCW § 60.04.011]

==Lien Priority==
A perfected claim of lien shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor or professional services or first delivery of materials or equipment by the lien claimant.

[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.061 RCW § 60.04.061]

==Notices and Registries==

Certain “Pre-Notices” are required before a construction lien may be enforced:

# The general rule is that every person furnishing professional services, materials, or equipment for the improvement of real property must give the owner or reputed owner notice in writing of the right to claim a lien.
# However, [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031 RCW 60.04.031(2)] exempts the following persons from the pre-claim notice requirement:
<ol style="list-style-type:lower-roman">
:<li>Persons who contract directly with the property owner, either directly or through the owner’s common law agent. In the case of work on an owner-occupied single-family residence, this exemption applies only to persons who contract directly with the owner-occupier;</li>
:<li>Persons whose claim is solely for labor; and</li>
:<li>Subcontractors who contract directly with the prime contractor (“first tier subs”); however, first tier material or equipment subs are not exempted. This exemption also does not apply in the case of work on an owner-occupied single-family residence.</li>
</ol>
<ol>
<li value="3">The pre-claim notice must be given to the owner or reputed owner and is effective upon delivery or proper mailing. [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031 RCW 60.04.031(1)].</li>
<li value="4">The pre-claim notice may be given at any time, but on commercial projects the notice only protects the right to claim a lien for work performed or materials or equipment supplied after the date 60 days before notice is effective. Later notice will preserve lien rights for part of the work only. [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031 RCW 60.04.031(1)].</li>
<li value="5">In addition to the foregoing, the contractor registration statute requires any contractor performing certain defined work (generally of limited scope) to provide a disclosure statement to its customer. The statute provides a form of disclosure statement, which must be substantially followed. [http://app.leg.wa.gov/RCW/default.aspx?cite=18.27.114 RCW 18.27.114(1)].</li>
</ol>

==Perfecting a Lien==

A construction lien must be perfected not later than ninety (90) days after ceasing to furnish labor, professional services, materials, or equipment.

To perfect a construction lien, a claim must be filed with the recording officer of the county in which the real property is located.

The claim must contain:
* The name, phone number and address of the claimant;
* The first and last date on which labor, services, materials or equipment were furnished;
* The name of the person indebted to the claimant;
* The street address, legal description or other description reasonably calculated to identify the location of the subject property;
* The name of the owner of the property; and
* The principal amount of the lien.

The claim must also include a verified oath by the claimant or someone authorized to act on their behalf to the truth and accuracy of the claim by penalty of perjury.

A copy of the recorded lien must be given to the owner of the property within fourteen (14) days of the of recording the lien or the claimant will not be entitled to recover attorneys' fees.

[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.091 RCW § 60.04.091]

==Enforcement Deadlines==
A construction lien encumbers real property for eight months after the claim of lien has been recorded with the county, unless a lawsuit is filed to enforce the lien within that time frame.

If there are terms of credit given in the claim of lien, the lien encumbers the real property for eight months after the expiration of such credit.

If a lawsuit is brought to enforce the lien and does not end in judgment within two (2) years, the court may dismiss the action and dismissal of the action constitutes a cancellation of the lien.

[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.141 RCW Section 60.04.141]

==Releases==

1. Bonding Over a Lien

Anyone with an interest in the encumbered real property may remove a perfected construction lien from the land or improvement by filing a bond with the county recorder's office. The bond must contain a description of the claim of lien and real property involved. The lien security then shifts from the property to the bond.

If the lien claim is $10,000 or less, the bond amount must be equal to $5,000 or twice the lien claim, whichever is greater. If the lien claim is more than $10,000, the bond amount must be equal to or greater than 1.5 times the lien claim.

If no lawsuit is commenced to recover on a lien within the eight-month deadline stated in [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.141 RCW 60.04.141], the surety is discharged from liability under the bond.

[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.161 RCW 60.04.161]

2. Releasing a Lien

Upon payment and acceptance of the amount due, the lien claimant must immediately prepare and execute a release and deliver it to the person making payment. [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.071 RCW § 60.04.071]

The lien release should, a) be recorded with the county where the property is located; b) reference the original lien recording document information and property that is subject to the lien; c) state that the lien is paid in full and that the lien is released; and d) be signed by the original lien claimant.

==Other==

Per Washington case law, the lot, tract or parcel of land which is improved is subject to a lien to the extent of the interest of the owner at whose instance, directly or through an agent, the labor, professional services, equipment or materials were furnished, as the court deems appropriate for satisfaction of the lien. If for any reason the title or interest in the land upon which the improvement is situated cannot be subjected to the lien, the court in order to satisfy the lien may order the sale and removal of the improvement from the land.

A perfected claim of lien constitutes notice to the spouse or domestic partner of the person who appears of record to be the owner of the property sought to be charged with the lien, and subjects all the community interest of both spouses or both domestic partners to the lien. [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.211 RCW 60.04.211]

==Cross-References==
* [[Washington]]
* [[Construction Liens]]

Construction Liens in Oregon

2018-10-24T18:44:28Z

Melisathompson:

==Overview==
Oregon is a direct lien state. This means that claimants who comply with the necessary notice and filing provisions have the direct right to file a lien claim even if the person with whom they have a contract (such as the general contractor or higher-tier subcontractor) has been paid.

Construction liens in Oregon are also referred to as "Mechanic's liens" throughout the Oregon Revised Statutes.

==Sources==
[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html Statutory Liens - ORS §§ 87.001 ''et seq.'']

==Authorized Claimants==
For the purposes of construction of any improvement upon real property at the instance of the property owner or construction agent of the owner, the following people may file a construction lien:
* Any person performing labor upon the improvement;
* Any person transporting or furnishing any material to be used in the construction;
* Any person who engages in or rents equipment for construction purposes; or
* An architect, landscape architect, land surveyor or registered engineer who prepares plans, drawings, surveys or specifications that are intended for use in or to facilitate the construction or who supervises the construction.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS §§ 87.001 ''et. seq.'']

==Lien Priority==

Construction liens relate back to the date construction commenced for purposes of establishing priority. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.025(7)]. Commencement of the improvement means “the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin." [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.005(1)].

Generally, perfected construction liens have priority over both previously and subsequently-recorded mortgages encumbering the improvement or the underlying land. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.025(1),(2)].

However, a construction lien for repairs or alterations to an improvement will not take priority over a preexisting mortgage or trust deed on the subject improvement unless the preexisting mortgage provided financing for the repairs or alterations. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.025(6)]. In other words, this statute distinguishes between construction liens arising from new construction and construction liens arising from the alteration or repair of an existing improvement.

Accordingly, a perfected construction lien under [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.010(1)] has priority over prior liens, mortgages, and encumbrances if the claimant participated in the original construction of the new improvement. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.025(6)].

On the other hand, if the construction lien arises from the alteration or repair of an existing improvement, the construction lien will have priority over (i) all trust deeds recorded after the commencement of the improvement, and (ii) any trust deed recorded before the commencement of the improvement, if proceeds from the loan were used to finance the alteration or repair. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.025(6)].

Additionally, [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.015] extends the scope of liens created under [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.010] to the portion of the land “that may be required for the convenient use and occupation of the improvement constructed on the site, to be determined by the court at the time of the foreclosure of the lien…if, at the time of the commencement of the improvement, the person who caused the improvement to be constructed was the owner of that site and land.” [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.015(1)].

To enforce a construction lien, the improvement may be sold separately from the underlying land, and the purchaser may remove the improvement upon payment to the owner of the land of a reasonable rent for its use from the date of its purchase to the time of removal. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.025(2)].

==Notices and Registries==

Certain “Pre-Notices” are required before a construction lien may be enforced:

# Any contractor who contracts directly with a residential property owner or sells a new residence directly to the owner must provide an “Information Notice to Owner about Construction Liens”. The notice must be given if the construction contract is for more than $2,000 or if the sale of a new residence occurs within seventy-five (75) days of the completion of construction. Failure to provide such notice will prevent an original contractor from enforcing a claim of construction lien. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.093].
# Subcontractors, material suppliers, and equipment suppliers who do not have direct contracts with an owner, in order to preserve their lien rights, are required to send a “Notice of Right to Lien” to the owner (and to any mortgagee whose name and address appear in a mortgage or deed of trust of record) within eight (8) days (not including Saturdays, Sundays, and other holidays) after beginning work or services or first supplying materials or equipment. While the notice may be given at any time during construction of the improvement, it only protects the right to perfect a lien on those services provided after a date which is eight days before the notice is given. [https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.021].

With respect to the construction lien itself:

* A notice in writing must be mailed to the property owner and the mortgagee notifying them that the lien has been filed;
* A copy of the lien must be attached to the notice; and
* The notice must be mailed not later than 20 days after the date of lien filing.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS § 87.039]

Special Notice Provision for Materials and Supplies

No lien for materials or supplies shall have priority over any recorded mortgage or trust deed unless notice is given to the mortgagee within eight (8) days after the date of delivery of materials or supplies.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS § 87.025(3)]

==Perfecting a Lien==

A construction lien must be perfected not later than 75 days after ceasing to provide labor, rent equipment, furnish materials or prepare plans, drawings, surveys, etc. or 75 days after completion of construction, whichever is earlier.

To perfect a construction lien, a claim must be filed with the recording officer of the county in which the real property is located.

The claim must contain:
* A statement of demand;
* The name of the owner of the property;
* The name of the person by whom the claimant was employed or to whom the claimant furnished materials or rented equipment; and
* A description of the property to be charged with the lien, including the address if known.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS § 87.035]

Note that a legal description is not required as long as the description provided is sufficient to identify the property. The claim must also include a verified oath by the claimant or someone having knowledge of the facts under penalty of perjury.

==Enforcement Deadlines==

A construction lien encumbers real property for 120 days after the claim of lien is recorded with the county, unless a lawsuit is filed to enforce the lien within that time frame.

However, if there are terms of extended payment provided in the claim of lien, then the construction lien will encumber the real property for 120 days after the expiration of the extended terms, but in no event longer than two years from the time the claim of lien is filed.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS § 87.055]

==Releases==

1. Bond

A property owner may remove a perfected construction lien from the land or improvement by filing a bond with the county recorder's office or depositing a cash deposit with the county treasurer. The bond or cash deposit must be 150% of the amount of the lien claim or $1,000, whichever is greater. The bond or deposit may be made at any time after the claim of lien is filed.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS § 87.076]

Notice of filing a bond or deposit of money must be served upon the lien claimant within twenty (20) days of the filing or deposit. If notice is not given as required, the bond or deposit is of no effect.

[https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS § 87.078]

2. Release

A release of a construction lien may also be recorded with the county. It must reference the original construction lien recording document information and property that is subject to the lien, state the lien is paid in full and that the construction lien is released, and be signed by the original lien claimant.

==Other==

A contractor may not perform work if the aggregate price of the contract work exceeds $2,000, without a written contract. [https://www.oregonlegislature.gov/bills_laws/ors/ors701.html ORS 701.305].

The Oregon Homebuyer Protection Act ([https://www.oregonlegislature.gov/bills_laws/ors/ors087.html ORS 87.007]) is designed to protect new home buyers from liens filed related to construction work performed before their purchase. The law applies to the sale of a new single family home (or duplex, triplex, or condominium unit) or to an existing single family home (or duplex, triplex, or condominium unit) that was remodeled at a cost of $50,000 or more within three (3) month before the property is sold.

To protect the buyer and comply with the law, the builder-seller must complete a Notice of Compliance with the Homebuyer Protection Act. Both seller and buyer must sign the form and retain copies for their records. The builder-seller must indicate on the form that they have provided protection for the buyer against claims of lien by: (i) purchasing early issue title insurance; (ii) retaining at least 25% of the sales price in escrow; (iii) obtaining written lien waivers or releases from all contractors; (iv) obtaining a bond or letter of credit in an amount equal to at least 25% of the sales price; or (v) waiting to complete the sale until the 75-day construction lien filing period has expired.

Section 5.002 of the OTIRO Rating Manual, deals with the additional charge to be imposed (commonly referred to as an “early issue” charge) when an owner’s or loan policy is issued after completion of construction but prior to expiration of the 75-day period for the filing of construction liens.

==Cross-References==
* [[Oregon]]
* [[Construction Liens]]

Adverse Possession in Oregon

2018-10-19T21:28:45Z

Melisathompson:

==Overview==

:Adverse possession is actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, and may give rise to title in the possessor if carried out for a specified statutory period of time, which is ten (10) years in Oregon.

==Sources==

:[https://www.oregonlegislature.gov/bills_laws/ors/ors105.html ORS 105.620 - Acquiring title by adverse possession.]

==Topics==

:Fee simple title to real property may be acquired by adverse possession in Oregon only if the following requirements are met:

# The person has maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;
# At the time the person claiming by adverse possession first entered into possession of the property, the person entering into possession had the honest belief that they were the actual owner of the property and that belief
<ol style="list-style-type:lower-roman">
:<li>Continued throughout the ten (10) year period;</li>
:<li>Had an objective basis; and</li>
:<li>Was reasonable under the particular circumstances; and</li>
<ol>
<li value="3">The person proves each of the elements set out in this section by clear and convincing evidence.</li>
</ol>

==Forms==

:

==Search==

:

==Examination==

:

==Underwriting==

:

==Other==

:

==Cross-References==

:[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Adverse Possession in Oregon

2018-10-19T21:20:33Z

Melisathompson: Created page with "==Overview== :Adverse possession is actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, and may give..."

==Overview==

:Adverse possession is actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, and may give rise to title in the possessor if carried out for a specified statutory period of time, which is ten (10) years in Oregon.

==Sources==

:[https://www.oregonlegislature.gov/bills_laws/ors/ors105.html ORS 105.620 - Acquiring title by adverse possession.]

==Topics==

:Fee simple title to real property may be acquired by adverse possession in Oregon only if the following requirements are met:

# The person has maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;
# At the time the person claiming by adverse possession first entered into possession of the property, the person entering into possession had the honest belief that they were the actual owner of the property and that belief
<ol style="list-style-type:lower-roman">
:<li>Continued throughout the ten (10) year period;</li>
:<li>Had an objective basis; and</li>
:<li>Was reasonable under the particular circumstances; and</li>

# The person proves each of the elements set out in this section by clear and convincing evidence.

==Forms==

:

==Search==

:

==Examination==

:

==Underwriting==

:

==Other==

:

==Cross-References==

:[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Abandonment in Oregon

2018-10-19T17:28:42Z

Melisathompson:

==Overview==

:Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned Easement===
:Easements are perpetual, but cease to exist when abandoned. Because an easement is an interest in land, the statute of frauds requires that the abandonment be in writing to be enforceable. [https://www.oregonlegislature.gov/bills_laws/ors/ors041.html ORS 41.580(1)(e)]

===Abandoned Property in a Conservatorship===
:A conservator may abandon an estate asset without prior court approval if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed. [https://www.oregonlegislature.gov/bills_laws/ors/ors125.html ORS 125.445(8)]

===Abandoned Property in a Probate===
:Subject to statutory restrictions or as otherwise provided by the will of the decedent, a personal representative, acting reasonably for the benefit of interested persons, is authorized to abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate. [https://www.oregonlegislature.gov/bills_laws/ors/ors114.html ORS 114.305]

===Abandoned Property in a Receivership===
:After giving notice, a receiver may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. [https://www.oregonlegislature.gov/bills_laws/ors/ors037.html ORS 37.280]

===Abandoned Railroad Lines===
:When a railroad gives notice of its intention to abandon a railroad line, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. If the county surveyor requested a copy of the right of way plats for the line to be abandoned, you should be able to find them in the county surveyor’s office. The plats should show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [https://www.oregonlegislature.gov/bills_laws/ors/ors209.html ORS 209.300]

===Abandoned State Highway===
:Whenever the Department of Transportation relocates or realigns a state highway and determines that the old right of way is no longer needed for any other public road use, if such eliminated sections are not owned by the Department in fee, the Department will abandon such sections, which shall revert to and title shall vest in the abutting owner or owners. [https://www.oregonlegislature.gov/bills_laws/ors/ors366.html ORS 366.300]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==
:[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Abstractors in Washington

2018-10-19T17:27:44Z

Melisathompson:

==Overview==

:When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the property and that the boundaries of the property to be sold are mutually agreeable to the parties to the transaction. An abstractor researches the property and reports on his/her findings to all parties to the transaction.

:A title abstractor is another name for a title examiner.

==Sources==

==Topics==

===Research===

:As stated above, an abstractor will research a parcel of property that one party wants to sell to another. The research will involve searching the chain of title going back in time to make sure the current seller has the legal right to sell the property and that there are no other people or entities that have an interest in the property. This search will also entail comparing legal descriptions to make sure the property being sold has the correct description.

:An abstractor will research whether there are any encumbrances against the property. They look for judgments, conditions, restrictions, mortgages or trust deeds, and any other liens against the property. They also look for any easements affecting the property.

:An abstractor may also work with a local surveyor and tax assessor to verify that the parcel of real property described in the documents is correct.

===Knowledge===

:Abstractors need to pay attention to detail, have strong organizational skills, the ability to explain their findings and a basic understanding of real estate law. They may be called upon to explain their findings to realtors, lenders, buyers, sellers, contractors and attorneys. They may also need to work with surveyors and other parties to assist in resolving disputes.

===Reports===

:Abstractors prepare a title report that includes the current vesting, the property's legal description, any liens or judgments and any other issues of concern.

===Certified Abstractors===

:Certified abstractors are title examiners who have received licensure by the National Association of Land Title Examiners and Abstractors [http://www.naltea.org/ (NALTEA)]. In most states, a license is not required.

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

:[https://uww.wfgnationaltitle.com/index.php/Washington Washington]

Abandonment in Washington

2018-10-19T17:26:24Z

Melisathompson:

==Overview==

:Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned Residential Property; Definition===
:Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. [http://app.leg.wa.gov/RCW/default.aspx?cite=7.100.010 RCW 7.100.010]

===Abandonment of Homestead Exemption===
:An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. [http://app.leg.wa.gov/RCW/default.aspx?cite=6.13.040 RCW 6.13.040]

===Abandoned Redemption Rights in Judicial Foreclosure===
:In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. [http://app.leg.wa.gov/RCW/default.aspx?cite=61.12.093 RCW 61.12.093]

===Abandoned Irrigation District Right-of-Way===
:Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. [http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.820 RCW 87.03.820] and [http://app.leg.wa.gov/RCW/default.aspx?cite=57.90.100 RCW 57.90.100]

===Abandoned State Highways===
:Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. [http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.090 RCW 36.75.090]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==
:[https://uww.wfgnationaltitle.com/index.php/Washington Washington]

Abstracters in Idaho

2018-10-19T17:23:29Z

Melisathompson:

==Overview==

:When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the property and that the boundaries of the property to be sold are mutually agreeable to the parties to the transaction. An abstracter researches the property and reports on his/her findings to all parties to the transaction.

:A title abstracter is another name for a title examiner.

==Sources==

:[https://legislature.search.idaho.gov/isysquery/aee80ca8-58c0-47b6-8571-84a9094924c0/1/doc/ Id. Code 54-101 ''et. seq.'']

==Topics==

===Research===

:As stated above, an abstracter will research a parcel of property that one party wants to sell to another. The research will involve searching the chain of title going back in time to make sure the current seller has the legal right to sell the property and that there are no other people or entities that have an interest in the property. This search will also entail comparing legal descriptions to make sure the property being sold has the correct description.

:An abstracter will research whether there are any encumbrances against the property. They look for judgments, conditions, restrictions, mortgages or trust deeds, and any other liens against the property. They also look for any easements affecting the property.

:An abstracter may also work with a local surveyor and tax assessor to verify that the parcel of real property described in the documents is correct.

===Knowledge===

:Abstracters need to pay attention to detail, have strong organizational skills, the ability to explain their findings and a basic understanding of real estate law. They may be called upon to explain their findings to realtors, lenders, buyers, sellers, contractors and attorneys. They may also need to work with surveyors and other parties to assist in resolving disputes.

===Reports===

:Abstracters prepare a title report that includes the current vesting, the property's legal description, any liens or judgments and any other issues of concern.

===Certified Abstracters===

:In Idaho, if one is to act as an independent abstracter, a bond of $10,000 is required. Once the bond is paid, a Certificate is issued. The bond and certificate are valid for five (5) years. [https://legislature.search.idaho.gov/isysquery/aee80ca8-58c0-47b6-8571-84a9094924c0/1/doc/ Id. Code 54-101, ''et. seq.'']

:Title examiners also have the option to obtain licensure by the National Association of Land Title Examiners and Abstractors [http://www.naltea.org/ (NALTEA)].

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

:[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abandonment in Idaho

2018-10-19T17:22:07Z

Melisathompson:

==Overview==

:Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned Assets in a Trust===

:A Trustee has the power to abandon a trust asset or any interest therein.

:[https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/SECT68-106/ Id. Code 68-106(c)(7)].

===Abandoned Highways or Public Rights-of-Way===

:If the highway or public right-of-way parcel to be abandoned and vacated has a fair market value of two thousand five hundred dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation. However, no such charge shall be imposed on the landowner who originally dedicated such parcel to the public for use as a highway or public right-of-way. If the highway or public right-of-way was originally a federal land right-of-way, said highway or public right-of-way shall revert to a federal land right-of-way.

:Any order or resolution is to be recorded in the county records and the official map of the highway system is to be amended as affected by the abandonment and vacation.

:[https://legislature.idaho.gov/statutesrules/idstat/Title40/T40CH2/SECT40-203/ Id. Code 40-203(1)(h)(i-j)].

===Abandoned Homestead===

:A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated.

:[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH10/SECT55-1006/ Id. Code 55-1006].

===Abandoned Mines===

:[https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

:[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abstractors in Oregon

2018-10-19T17:20:45Z

Melisathompson:

Abandonment in Oregon

2018-10-19T17:18:23Z

Melisathompson:

==Overview==

:Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned easement===
:Easements are perpetual, but cease to exist when abandoned. Because an easement is an interest in land, the statute of frauds requires that the abandonment be in writing to be enforceable. [https://www.oregonlegislature.gov/bills_laws/ors/ors041.html ORS 41.580(1)(e)]

===Abandoned property in a conservatorship===
:A conservator may abandon an estate asset without prior court approval if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed. [https://www.oregonlegislature.gov/bills_laws/ors/ors125.html ORS 125.445(8)]

===Abandoned property in a probate===
:Subject to statutory restrictions or as otherwise provided by the will of the decedent, a personal representative, acting reasonably for the benefit of interested persons, is authorized to abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate. [https://www.oregonlegislature.gov/bills_laws/ors/ors114.html ORS 114.305]

===Abandoned property in a receivership===
:After giving notice, a receiver may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. [https://www.oregonlegislature.gov/bills_laws/ors/ors037.html ORS 37.280]

===Abandoned railroad lines===
:When a railroad gives notice of its intention to abandon a railroad line, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. If the county surveyor requested a copy of the right of way plats for the line to be abandoned, you should be able to find them in the county surveyor’s office. The plats should show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [https://www.oregonlegislature.gov/bills_laws/ors/ors209.html ORS 209.300]

===Abandoned state highway===
:Whenever the Department of Transportation relocates or realigns a state highway and determines that the old right of way is no longer needed for any other public road use, if such eliminated sections are not owned by the Department in fee, the Department will abandon such sections, which shall revert to and title shall vest in the abutting owner or owners. [https://www.oregonlegislature.gov/bills_laws/ors/ors366.html ORS 366.300]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==
:[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Abstractors in Idaho

2018-10-19T17:03:01Z

Melisathompson: Redirected page to Abstracters in Idaho

#REDIRECT[[Abstracters in Idaho]]

Abstracters in Idaho

2018-10-19T17:02:19Z

Melisathompson: Removed redirect to Abstractors in Idaho

==Overview==

When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the property and that the boundaries of the property to be sold are mutually agreeable to the parties to the transaction. An abstracter researches the property and reports on his/her findings to all parties to the transaction.

A title abstracter is another name for a title examiner.

==Sources==

[https://legislature.search.idaho.gov/isysquery/aee80ca8-58c0-47b6-8571-84a9094924c0/1/doc/ Id. Code 54-101 ''et. seq.'']

==Topics==

===Research===

As stated above, an abstracter will research a parcel of property that one party wants to sell to another. The research will involve searching the chain of title going back in time to make sure the current seller has the legal right to sell the property and that there are no other people or entities that have an interest in the property. This search will also entail comparing legal descriptions to make sure the property being sold has the correct description.

An abstracter will research whether there are any encumbrances against the property. They look for judgments, conditions, restrictions, mortgages or trust deeds, and any other liens against the property. They also look for any easements affecting the property.

An abstracter may also work with a local surveyor and tax assessor to verify that the parcel of real property described in the documents is correct.

===Knowledge===

Abstracters need to pay attention to detail, have strong organizational skills, the ability to explain their findings and a basic understanding of real estate law. They may be called upon to explain their findings to realtors, lenders, buyers, sellers, contractors and attorneys. They may also need to work with surveyors and other parties to assist in resolving disputes.

===Reports===

Abstracters prepare a title report that includes the current vesting, the property's legal description, any liens or judgments and any other issues of concern.

===Certified Abstracters===

In Idaho, if one is to act as an independent abstracter, a bond of $10,000 is required. Once the bond is paid, a Certificate is issued. The bond and certificate are valid for five (5) years. [https://legislature.search.idaho.gov/isysquery/aee80ca8-58c0-47b6-8571-84a9094924c0/1/doc/ Id. Code 54-101, ''et. seq.'']

Title examiners also have the option to obtain licensure by the National Association of Land Title Examiners and Abstractors. [http://www.naltea.org/ (NALTEA)].

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abstracters in Washington

2018-10-19T16:47:57Z

Melisathompson: Redirected page to Abstractors in Washington

#REDIRECT[[Abstractors in Washington]]

Abstracters in Oregon

2018-10-19T16:47:28Z

Melisathompson: Redirected page to Abstractors in Oregon

#REDIRECT[[Abstractors in Oregon]]

Abstracters in Idaho

2018-10-19T16:46:41Z

Melisathompson: Redirected page to Abstractors in Idaho

#REDIRECT[[Abstractors in Idaho]]

Abstractors in Idaho

2018-10-19T16:43:42Z

Melisathompson: Created page with "==Overview== When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the..."

==Overview==

When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the property and that the boundaries of the property to be sold are mutually agreeable to the parties to the transaction. An abstractor researches the property and reports on his/her findings to all parties to the transaction.

A title abstractor is another name for a title examiner.

==Sources==

==Topics==

===Research===

As stated above, an abstractor will research a parcel of property that one party wants to sell to another. The research will involve searching the chain of title going back in time to make sure the current seller has the legal right to sell the property and that there are no other people or entities that have an interest in the property. This search will also entail comparing legal descriptions to make sure the property being sold has the correct description.

An abstractor will research whether there are any encumbrances against the property. They look for judgments, conditions, restrictions, mortgages or trust deeds, and any other liens against the property. They also look for any easements affecting the property.

An abstractor may also work with a local surveyor and tax assessor to verify that the parcel of real property described in the documents is correct.

===Knowledge===

Abstractors need to pay attention to detail, have strong organizational skills, the ability to explain their findings and a basic understanding of real estate law. They may be called upon to explain their findings to realtors, lenders, buyers, sellers, contractors and attorneys. They may also need to work with surveyors and other parties to assist in resolving disputes.

===Reports===

Abstractors prepare a title report that includes the current vesting, the property's legal description, any liens or judgments and any other issues of concern.

===Certified Abstractors===

Certified abstractors are title examiners who have received licensure by the National Association of Land Title Examiners and Abstractors [http://www.naltea.org/ (NALTEA)]. In most states, a license is not required.

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abstractors in Washington

2018-10-19T16:43:24Z

==Overview==

When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the property and that the boundaries of the property to be sold are mutually agreeable to the parties to the transaction. An abstractor researches the property and reports on his/her findings to all parties to the transaction.

A title abstractor is another name for a title examiner.

==Sources==

==Topics==

===Research===

As stated above, an abstractor will research a parcel of property that one party wants to sell to another. The research will involve searching the chain of title going back in time to make sure the current seller has the legal right to sell the property and that there are no other people or entities that have an interest in the property. This search will also entail comparing legal descriptions to make sure the property being sold has the correct description.

An abstractor will research whether there are any encumbrances against the property. They look for judgments, conditions, restrictions, mortgages or trust deeds, and any other liens against the property. They also look for any easements affecting the property.

An abstractor may also work with a local surveyor and tax assessor to verify that the parcel of real property described in the documents is correct.

===Knowledge===

Abstractors need to pay attention to detail, have strong organizational skills, the ability to explain their findings and a basic understanding of real estate law. They may be called upon to explain their findings to realtors, lenders, buyers, sellers, contractors and attorneys. They may also need to work with surveyors and other parties to assist in resolving disputes.

===Reports===

Abstractors prepare a title report that includes the current vesting, the property's legal description, any liens or judgments and any other issues of concern.

===Certified Abstractors===

Certified abstractors are title examiners who have received licensure by the National Association of Land Title Examiners and Abstractors [http://www.naltea.org/ (NALTEA)]. In most states, a license is not required.

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Washington Washington]

Abstractors in Oregon

2018-10-19T16:43:03Z

==Overview==

When one purchases real property, it is paramount that the seller has a legal right to sell the property, that no other person or entity has a legal right to the property and that the boundaries of the property to be sold are mutually agreeable to the parties to the transaction. An abstractor researches the property and reports on his/her findings to all parties to the transaction.

A title abstractor is another name for a title examiner.

==Sources==

==Topics==

===Research===

As stated above, an abstractor will research a parcel of property that one party wants to sell to another. The research will involve searching the chain of title going back in time to make sure the current seller has the legal right to sell the property and that there are no other people or entities that have an interest in the property. This search will also entail comparing legal descriptions to make sure the property being sold has the correct description.

An abstractor will research whether there are any encumbrances against the property. They look for judgments, conditions, restrictions, mortgages or trust deeds, and any other liens against the property. They also look for any easements affecting the property.

An abstractor may also work with a local surveyor and tax assessor to verify that the parcel of real property described in the documents is correct.

===Knowledge===

Abstractors need to pay attention to detail, have strong organizational skills, the ability to explain their findings and a basic understanding of real estate law. They may be called upon to explain their findings to realtors, lenders, buyers, sellers, contractors and attorneys. They may also need to work with surveyors and other parties to assist in resolving disputes.

===Reports===

Abstractors prepare a title report that includes the current vesting, the property's legal description, any liens or judgments and any other issues of concern.

===Certified Abstractors===

Certified abstractors are title examiners who have received licensure by the National Association of Land Title Examiners and Abstractors [http://www.naltea.org/ (NALTEA)]. In most states, a license is not required.

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Abandonment in Washington

2018-10-19T15:58:23Z

Melisathompson:

==Overview==

Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned residential property; definition===
Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. [http://app.leg.wa.gov/RCW/default.aspx?cite=7.100.010 RCW 7.100.010]

===Abandonment of Homestead Exemption===
An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. [http://app.leg.wa.gov/RCW/default.aspx?cite=6.13.040 RCW 6.13.040]

===Abandoned redemption rights in judicial foreclosure===
In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. [http://app.leg.wa.gov/RCW/default.aspx?cite=61.12.093 RCW 61.12.093]

===Abandoned irrigation district right-of-way===
Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. [http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.820 RCW 87.03.820] and [http://app.leg.wa.gov/RCW/default.aspx?cite=57.90.100 RCW 57.90.100]

===Abandoned state highways===
Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. [http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.090 RCW 36.75.090]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==
[https://uww.wfgnationaltitle.com/index.php/Washington Washington]

Abandonment in Idaho

2018-10-19T15:56:21Z

Melisathompson:

==Overview==

Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned Assets in a Trust===

A Trustee has the power to abandon a trust asset or any interest therein.

[https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/SECT68-106/ Id. Code 68-106(c)(7)].

===Abandoned Highways or Public Rights-of-Way===

If the highway or public right-of-way parcel to be abandoned and vacated has a fair market value of two thousand five hundred dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation. However, no such charge shall be imposed on the landowner who originally dedicated such parcel to the public for use as a highway or public right-of-way. If the highway or public right-of-way was originally a federal land right-of-way, said highway or public right-of-way shall revert to a federal land right-of-way.

Any order or resolution is to be recorded in the county records and the official map of the highway system is to be amended as affected by the abandonment and vacation.

[https://legislature.idaho.gov/statutesrules/idstat/Title40/T40CH2/SECT40-203/ Id. Code 40-203(1)(h)(i-j)].

===Abandoned Homestead===

A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated.

[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH10/SECT55-1006/ Id. Code 55-1006].

===Abandoned Mines===

[https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abandonment in Oregon

2018-10-19T15:54:47Z

Melisathompson:

==Overview==

Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

==Sources==

==Topics==

===Abandoned easement===
Easements are perpetual, but cease to exist when abandoned. Because an easement is an interest in land, the statute of frauds requires that the abandonment be in writing to be enforceable. [https://www.oregonlegislature.gov/bills_laws/ors/ors041.html ORS 41.580(1)(e)]

===Abandoned property in a conservatorship===
A conservator may abandon an estate asset without prior court approval if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed. [https://www.oregonlegislature.gov/bills_laws/ors/ors125.html ORS 125.445(8)]

===Abandoned property in a probate===
Subject to statutory restrictions or as otherwise provided by the will of the decedent, a personal representative, acting reasonably for the benefit of interested persons, is authorized to abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate. [https://www.oregonlegislature.gov/bills_laws/ors/ors114.html ORS 114.305]

===Abandoned property in a receivership===
After giving notice, a receiver may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. [https://www.oregonlegislature.gov/bills_laws/ors/ors037.html ORS 37.280]

===Abandoned railroad lines===
When a railroad gives notice of its intention to abandon a railroad line, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. If the county surveyor requested a copy of the right of way plats for the line to be abandoned, you should be able to find them in the county surveyor’s office. The plats should show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [https://www.oregonlegislature.gov/bills_laws/ors/ors209.html ORS 209.300]

===Abandoned state highway===
Whenever the Department of Transportation relocates or realigns a state highway and determines that the old right of way is no longer needed for any other public road use, if such eliminated sections are not owned by the Department in fee, the Department will abandon such sections, which shall revert to and title shall vest in the abutting owner or owners. [https://www.oregonlegislature.gov/bills_laws/ors/ors366.html ORS 366.300]

==Forms==

==Search==

==Examination==

==Underwriting==

==Other==

==Cross-References==
[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Abandonment in Washington

2018-10-18T23:59:03Z

Melisathompson:

==Overview==

Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

===Abandoned residential property; definition===
Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. [http://app.leg.wa.gov/RCW/default.aspx?cite=7.100.010 RCW 7.100.010]

===Abandonment of Homestead Exemption===
An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. [http://app.leg.wa.gov/RCW/default.aspx?cite=6.13.040 RCW 6.13.040]

===Abandoned redemption rights in judicial foreclosure===
In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. [http://app.leg.wa.gov/RCW/default.aspx?cite=61.12.093 RCW 61.12.093]

===Abandoned irrigation district right-of-way===
Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. [http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.820 RCW 87.03.820] and [http://app.leg.wa.gov/RCW/default.aspx?cite=57.90.100 RCW 57.90.100]

===Abandoned state highways===
Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. [http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.090 RCW 36.75.090]

===Cross-References===
[https://uww.wfgnationaltitle.com/index.php/Washington Washington]

Abandonment in Oregon

2018-10-18T23:56:27Z

Melisathompson:

==Overview==

Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

===Abandoned easement===
Easements are perpetual, but cease to exist when abandoned. Because an easement is an interest in land, the statute of frauds requires that the abandonment be in writing to be enforceable. [https://www.oregonlegislature.gov/bills_laws/ors/ors041.html ORS 41.580(1)(e)]

===Abandoned property in a conservatorship===
A conservator may abandon an estate asset without prior court approval if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed. [https://www.oregonlegislature.gov/bills_laws/ors/ors125.html ORS 125.445(8)]

===Abandoned property in a probate===
Subject to statutory restrictions or as otherwise provided by the will of the decedent, a personal representative, acting reasonably for the benefit of interested persons, is authorized to abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate. [https://www.oregonlegislature.gov/bills_laws/ors/ors114.html ORS 114.305]

===Abandoned property in a receivership===
After giving notice, a receiver may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. [https://www.oregonlegislature.gov/bills_laws/ors/ors037.html ORS 37.280]

===Abandoned railroad lines===
When a railroad gives notice of its intention to abandon a railroad line, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. If the county surveyor requested a copy of the right of way plats for the line to be abandoned, you should be able to find them in the county surveyor’s office. The plats should show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [https://www.oregonlegislature.gov/bills_laws/ors/ors209.html ORS 209.300]

===Abandoned state highway===
Whenever the Department of Transportation relocates or realigns a state highway and determines that the old right of way is no longer needed for any other public road use, if such eliminated sections are not owned by the Department in fee, the Department will abandon such sections, which shall revert to and title shall vest in the abutting owner or owners. [https://www.oregonlegislature.gov/bills_laws/ors/ors366.html ORS 366.300]

===Cross-References===
[https://uww.wfgnationaltitle.com/index.php/Oregon Oregon]

Abandonment in Idaho

2018-10-18T23:55:34Z

Melisathompson:

==Overview==

Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.

===Abandoned Assets in a Trust===

A Trustee has the power to abandon a trust asset or any interest therein.

[https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/SECT68-106/ Id. Code 68-106(c)(7)].

===Abandoned Highways or Public Rights-of-Way===

If the highway or public right-of-way parcel to be abandoned and vacated has a fair market value of two thousand five hundred dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation. However, no such charge shall be imposed on the landowner who originally dedicated such parcel to the public for use as a highway or public right-of-way. If the highway or public right-of-way was originally a federal land right-of-way, said highway or public right-of-way shall revert to a federal land right-of-way.

Any order or resolution is to be recorded in the county records and the official map of the highway system is to be amended as affected by the abandonment and vacation.

[https://legislature.idaho.gov/statutesrules/idstat/Title40/T40CH2/SECT40-203/ Id. Code 40-203(1)(h)(i-j)].

===Abandoned Homestead===

A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated.

[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH10/SECT55-1006/ Id. Code 55-1006].

===Abandoned Mines===

[https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]

===Cross-References===

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abandonment in ID

2018-10-18T23:51:10Z

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#REDIRECT[[Abandonment in Idaho]]

Receiverships in Idaho

2018-10-18T23:31:30Z

Melisathompson: Created page with "===Receivership=== [https://legislature.idaho.gov/statutesrules/idstat/Title8/T8CH6/ Id. Code 8-601, ''et. seq.''] ===Cross-References=== [https://uww.wfgnationaltitle.com/..."

===Receivership===

[https://legislature.idaho.gov/statutesrules/idstat/Title8/T8CH6/ Id. Code 8-601, ''et. seq.'']

===Cross-References===

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Trusts in Idaho

2018-10-18T23:24:33Z

Melisathompson: Created page with "===Trusts=== [https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/ Id. Code 68-101, ''et. seq.''] ===Powers of a Trustee=== [https://legislature.idaho.gov/sta..."

===Trusts===

[https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/ Id. Code 68-101, ''et. seq.'']

===Powers of a Trustee===

[https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/SECT68-106/ Id. Code 68-106].

===Cross-References===

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abandonment in Idaho

2018-10-18T23:21:45Z

Melisathompson:

===Abandoned Assets in a Trust===

A Trustee has the power to abandon a trust asset or any interest therein.

[https://legislature.idaho.gov/statutesrules/idstat/Title68/T68CH1/SECT68-106/ Id. Code 68-106(c)(7)].

===Abandoned Highways or Public Rights-of-Way===

If the highway or public right-of-way parcel to be abandoned and vacated has a fair market value of two thousand five hundred dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation. However, no such charge shall be imposed on the landowner who originally dedicated such parcel to the public for use as a highway or public right-of-way. If the highway or public right-of-way was originally a federal land right-of-way, said highway or public right-of-way shall revert to a federal land right-of-way.

Any order or resolution is to be recorded in the county records and the official map of the highway system is to be amended as affected by the abandonment and vacation.

[https://legislature.idaho.gov/statutesrules/idstat/Title40/T40CH2/SECT40-203/ Id. Code 40-203(1)(h)(i-j)].

===Abandoned Homestead===

A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated.

[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH10/SECT55-1006/ Id. Code 55-1006].

===Abandoned Mines===

[https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]

===Cross-References===

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abandonment in Idaho

2018-10-18T22:43:49Z

Melisathompson:

==Abandoned Highways or Public Rights-of-Way==

If the highway or public right-of-way parcel to be abandoned and vacated has a fair market value of two thousand five hundred dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation. However, no such charge shall be imposed on the landowner who originally dedicated such parcel to the public for use as a highway or public right-of-way. If the highway or public right-of-way was originally a federal land right-of-way, said highway or public right-of-way shall revert to a federal land right-of-way.

Any order or resolution is to be recorded in the county records and the official map of the highway system is to be amended as affected by the abandonment and vacation.

[https://legislature.idaho.gov/statutesrules/idstat/Title40/T40CH2/SECT40-203/ Id. Code 40-203(1)(h)(i-j)].

==Abandoned Homestead==

A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated.

[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH10/SECT55-1006/ Id. Code 55-1006].

==Abandoned Mines==

[https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Real Property Taxes in Idaho

2018-10-18T22:37:17Z

Melisathompson:

==Tax Exemptions==
===Hospitals===
If real property, not currently exempt from taxation, is being prepared for use as a hospital, the value of the bare land only shall be taxed while the property is being prepared for use as a hospital. If, as of the property tax assessment date, construction has not been abandoned, all improvements to and construction on the real property, while it is being prepared for use as a hospital, shall be exempt from taxation. Upon completion of construction and obtaining a certificate of occupancy, the entire real property shall be exempt from taxation subject to requirements in the statute.

In no event shall improvements to property that is being prepared for use as a hospital qualify for an exemption from property tax for more than three (3) consecutive tax years.

[https://legislature.idaho.gov/statutesrules/idstat/Title63/T63CH6/SECT63-602D/ Id. Code 63-602D(3)].

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Real Property Taxes in Idaho

2018-10-18T22:36:33Z

Melisathompson: Created page with "==Tax Exemptions== ===Hospitals=== If real property, not currently exempt from taxation, is being prepared for use as a hospital, the value of the bare land only shall be taxe..."

Manufactured Homes in Idaho

2018-10-18T22:08:31Z

Melisathompson: Created page with "==[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH20/ Manufactured Home Residency Act]== ==Cross-References== [https://uww.wfgnationaltitle.com/index.php/Id..."

==[https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH20/ Manufactured Home Residency Act]==

==Cross-References==

[https://uww.wfgnationaltitle.com/index.php/Idaho Idaho]

Abandonment in Idaho

2018-10-18T22:00:57Z

Melisathompson:

Abandonment in Idaho

2018-10-18T21:59:53Z

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Closing and Escrow in Idaho

2018-10-18T21:48:04Z

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==[https://legislature.idaho.gov/statutesrules/idstat/Title30/T30CH9/ Idaho Escrow Act]==

==Property Tax ==
Taxes for the first and second half of the year are due on November 20. Taxes for the first half year are delinquent if not paid by December 20. Taxes for the second half of the year remain due until paid and are delinquent if not paid by June 20 of the following year.

Abandonment in Idaho

2018-10-18T21:47:11Z

Melisathompson: Created page with " [https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]"

[https://legislature.idaho.gov/statutesrules/idstat/Title47/T47CH17/ Idaho Abandoned Mine Reclamation Act 47-1701]

Title Underwriting in Idaho

2018-10-17T18:18:41Z

Melisathompson: Created page with "==Odd Stuff== * Child Support Liens - Filed in Boise at the State level – have to search Boise State Records. No lien shall continue more than 5 years after date of majori..."

==Odd Stuff==

* Child Support Liens - Filed in Boise at the State level – have to search Boise State Records. No lien shall continue more than 5 years after date of majority or death of child. Valid reason NOT to show: Decree (Clerk will not certify) from the Clerk of the Court showing paid. Child Support payments are collected by the Clerk of the Court. If more than one child, lien continues until date of majority of youngest child.
* Determination of Insurability: Prohibited Risks – Rebates
Title 41-Chapter 27 (41-2708 (4)) – Forwarding Fees – No person forwarding or directing title insurance business to a title insurer or title insurance agent in Idaho, nor such insurer or agent receiving such business, shall give or receive anything of value, or a portion of the premium, therefor.
*Minerals: Should include a mineral exception as a standard exception.
* The Idaho Rate Manual establishes a charge for the cancellation of a commitment at 20% of the basic schedule of charges if cancelled prior to closing and at 80% of the basic schedule of charges if cancelled after closing.
* A title insurer or agent may reconvey a deed of trust if the obligation secured by the deed of trust has been fully paid by the title insurer or agent or if the title insurer or agent has satisfactory evidence of the full payment of the obligation secured by the deed of trust. See Idaho Stat. 45-1202. Process requires notice of intent to release or reconvey with copy of reconveyance. Idaho Stat. 45-1203. 60 day objection period after mailing. Idaho Stat. 45-1204.
*Usury coverage is not available in Idaho.

Liens in Idaho

2018-10-17T18:16:17Z

Melisathompson: /* Other */

==Overview==
==Alimony/Support==
==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Idaho]].
==Criminal Money Judgments==
==Estate Tax Liens==
See [[Estates in Idaho]].
==Financing Statements==
==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Idaho]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
==Real Property Tax Liens==
See [[Real Property Taxes in Idaho]].
==Security Instruments==
See [[Security Instruments in Idaho]].
==State Tax Liens==
==Other==

==Time Limitations==

* US Judgment Liens -- 20 years, renewable for 20 years
* State Court Judgment Liens -- 10 years from recording-may be renewed. IC 10-1110 (edit 8-24-18,RDW)
* Federal Tax Liens -- 10 years (+30 days); can be refiled
* State Tax Liens -- 5 years (may be continued) IC 45-1906
* Estate Tax Lien -- Federal 10 years
* State Inheritance Tax Liens --
* Mechanics Liens -- Lien must be filed w/i 90 days following completion of improvements-lien good for 6 months unleass enforcement proceedings commenced I.S. 45-507 &45-510
* Financing Statements -- 5 years IC 28-9-515
* Mortgages -- 5 years from maturity date IC 5-214A
* HOA Liens -- 1 year (can be extended 1 additional year) IC 45-810
* Condominium assessments --
* Child Support Liens -- See (a) below
* Irrigation Liens
* Property Tax Liens
* Adverse Possession --
**3 years IC 43-2205
**Continues until Paid IC 63-206
**20 years continuous use IC 5-210

==Cross-References==
* [[Idaho]]
* [[Liens]]

Closing and Escrow in Idaho

2018-10-17T18:15:20Z

Melisathompson: Created page with "==Property Tax == Taxes for the first and second half of the year are due on November 20. Taxes for the first half year are delinquent if not paid by December 20. Taxes for..."

==Property Tax ==
Taxes for the first and second half of the year are due on November 20. Taxes for the first half year are delinquent if not paid by December 20. Taxes for the second half of the year remain due until paid and are delinquent if not paid by June 20 of the following year.

Document Recording in Idaho

2018-10-17T18:14:30Z

Melisathompson:

==Witness Requirements==
A witness is not required on a deed or security instrument. document must be properly acknowledged for recording. IC 55-805.

[https://uww.wfgnationaltitle.com/images/7/7a/Idaho_Recorder%27s_Manual.pdf Idaho Recorder's Manual]

Unauthorized Practice of Law in Idaho

2018-10-17T18:13:43Z

Melisathompson: /* Other */

==Overview==
==Sources==
==Attorney Title Certifications==
==Attorney Title Opinions==
==Document Preparation==
==Closings and Escrow==
==Disbursement==
==Recording==
==Other==
* UPL Hot Button Issues -- No

==Cross-References==
* [[Idaho]]
* [[Unauthorized Practice of Law]]

Title Searching in Idaho

2018-10-17T18:13:01Z

Melisathompson: Created page with "==Search/Exam== * Minimum Search Requirements -- No act; search and examination of the title and a determination of insurability of title in accordance with sound title under..."

==Search/Exam==
* Minimum Search Requirements -- No act; search and examination of the title and a determination of insurability of title in accordance with sound title underwriting principles. IC. 41-2708. DOI – 60 years or as necessary
* Plant or other search restrictions -- Plant required for every county IC 41-2708
Plant owner must counter-sign each policy. No countersignature required for direct issuance, IF insurer owners plant in that county – or for a county where no plant exists. IC 41-2702.
* Additional Requirements for REO Searches -- No
* Foreclosure Checklist -- No
* Special Searches Required (Code, HOA, Utilities)? --
** See Child Support Judgment.
** HOA’s – yes
** Irrigation - yes
* Survey Requirements --

Document Recording in Idaho

2018-10-17T18:10:05Z

Melisathompson: Created page with "[https://uww.wfgnationaltitle.com/images/7/7a/Idaho_Recorder%27s_Manual.pdf Idaho Recorder's Manual]"

[https://uww.wfgnationaltitle.com/images/7/7a/Idaho_Recorder%27s_Manual.pdf Idaho Recorder's Manual]

Abandonment in WA

2018-10-17T17:55:36Z

Melisathompson: Redirected page to Abandonment in Washington

#REDIRECT[[Abandonment in Washington]]

Abandonment in Washington

2018-10-17T17:55:10Z

Melisathompson: Created page with "===Abandoned residential property; definition=== Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonmen..."

===Abandoned residential property; definition===
Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. [http://app.leg.wa.gov/RCW/default.aspx?cite=7.100.010]

===Abandonment of Homestead Exemption===
An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. [http://app.leg.wa.gov/RCW/default.aspx?cite=6.13.040]

===Abandoned redemption rights in judicial foreclosure===
In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. [http://app.leg.wa.gov/RCW/default.aspx?cite=61.12.093]

===Abandoned irrigation district right-of-way===
Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. [http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.820] [http://app.leg.wa.gov/RCW/default.aspx?cite=57.90.100]

===Abandoned state highways===
Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. [http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.090]

===Cross-References===
[https://uww.wfgnationaltitle.com/index.php/Washington Washington]

Abandonment in OR

2018-10-17T17:43:38Z

Melisathompson: Redirected page to Abandonment in Oregon

#REDIRECT[[Abandonment in Oregon]]

Joinder of Non-Titled Spouses in Oregon

2018-10-17T17:39:56Z

Melisathompson: Created page with "Execution of a deed or security instrument by a non-title holding spouse is not required in Oregon. However, since Oregon is an equitable distribution state, contact underwri..."

Execution of a deed or security instrument by a non-title holding spouse is not required in Oregon. However, since Oregon is an equitable distribution state, contact underwriting counsel regarding your situation as to whether the signature of a non-title holding spouse (or ex-spouse) is required.

Document Recording in Oregon

2018-10-17T17:38:35Z

Melisathompson: Created page with "Instrument Requirements • Witnesses are not required on either deeds or security instruments. • County recording officers can refuse to record a document if it is not leg..."

Instrument Requirements
• Witnesses are not required on either deeds or security instruments.

• County recording officers can refuse to record a document if it is not legible, ORS 205.130(2), and proper notarial acknowledgments are required for recorded documents. ORS 205.130(2)(a). If the notary block complies with Oregon law or the law of the state in which the notary is taken, it will be sufficient for recording in Oregon. Oregon acknowledgment forms are set forth in ORS 194.285.

• All instruments must be typed, written, or printed in 8-point type or larger on paper that is not larger than 14 inches long and 8-1/2 inches wide and which paper is of sufficient quality for recording photographically.

• There must be enough space for the recording sticker (4" x 2") to be placed in the upper right corner on the first page of the document.

• The first page of the instrument must contain at least (i) the name of the transaction (ORS 205.236), (ii) the names of the persons described in ORS 205.160, (iii) the person to whom and the address to which the recorded instrument should be delivered (ORS 205.180), (iv) the true and actual consideration paid for the transfer (ORS 93.030), (v) the person to whom and the address to which all tax statements should be sent (ORS 93.260), (vi) for County Clerk Lien Records, the information described in ORS 205.125 (1)(c) and (e), and (vii) for instruments that assign a mortgage or trust deed, the name and address of the assignee.

• As noted above, for instruments conveying or contracting to convey fee title to any real estate and all memoranda of such instruments, the true and actual consideration paid for such transfer must be stated, unless the actual consideration consists of or includes other property or other value given or promised, in which event it must only be noted on the face of the instrument that other property or value was either part or the whole consideration.